RAVINDER KUMAR GUPTA Vs. INDAIN SULPHACID INDUSTRIES LTD

JUDGEMENT

(1.) At the outset I may note that the instant appeal numbered as a Regular Second Appeal ought to have been numbered as an Executing Second Appeal for the reason it lays a challenge to an order passed by the learned Appellate Judge upholding an order passed by the Executing Court dismissing objections filed by the appellant herein.

(2.) Order 21 of the Code of Civil Procedure is a complete code dealing with execution of decrees and pertaining to a decree for possession of immovable property, an order disposing of objections to execution of the decree is appealable as a decree in terms of Order 21 Rule 103. Just as an original decree is subject to a first appeal and thereafter a regular second appeal, order passed by an executing court pertaining to delivery of possession of immovable property would be subject to Execution First Appeal and thereafter Execution Second Appeal.

(3.) Whether at all a question of law arises for consideration in the instant case.